The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-07-31
II 1T 4 BtCkDOWS?
Replies Of state Omcers.

iNAltN vi l'lhNiHs tH' 'NN'' '"A'N
are on file in the Circuit Court Of the
United etates) Of J. B. McCabe, Com
mOnweaths attorney Of LoudOun county,
and Of j. l.. Mcintosh, late treasurer of
the same county TO the rule Of Judge
Bond, requiring them TO appear before
him at Richmond on the 2sth instant, 10
answer for their alleged contempt Of
court
Readers OF the TINES may remember
that when it became known that the
Commonwealth attornies throughout the
State were about To proceed TO put the
Coupon Crusher' act into execution,
Mr. Royal went 20 Judge Bond at Balti-
more, and obtained from him three i'm
functions, whereby the Commonwealth's
attOrnies and treasurer- were eniOined
from bringing suit or doing anything to
pat that act in force against parties who
had rendered coupons in payment Of their
taxes. This Injunction was served by the
United States marshal, towards the latter
part Of June on j. ". Foster, the then
Commonwealth attorney, and Mr.. j. J..
Mcintosh, the then treasurer of LOudOun
county. On the 1st of July, the new
Commonwealth attorney, Mr.. j. b. Nc
Cabc, came into office and his first act
was TO enter suit against one hundred or
more parties I'm L0ud0un, who had ten
dered coupons in payment of their license
taxes. Notice of Mr. McCabe' contempt
Of court i'm bringing these suits, and also
of NJ. Mcintosh contempt i'm furnishing
the power with the names of the parties
who had rendered coupons tO him, was
brought before Judge Bond with the re-
suit that these two gentlemen were or
dered by him TO appear at Richmond
last Thursday to answer for the conduct.
As has already been stated In the TIMES,
Judge Bond, in consequence of the in-
tense heat of the weather and bj agree
mcnt with the counsel engaged ON either
side. continued the hearing of these cases
until september r22d. the Attorney General
meanwhile promising To observe the stHt0S
q1o, and to prevent any more suits being
brought between now and then.
The answers filed by Mc--r- McCahc
and Mcintosh are very instructive, but
they 40 not breathe the bold and defiant
spirit which We expected to sec. We
quote Gr,t from Mr. Mclnto,h's answer:
" tie J., not aware ol ever having dis
ohrvcd or di-regarded said restraining
order I'm any wise whatsoever Prior to-
the 90 day of July, 1857, he had inform
ally given statement of the parties who
had rendered coupons 90 >. W. Foster
then COmm0nWcalth'- attorney; but as
both the said Commonwealth attorney
and himself considered that they were
restrained from any proceeding, under
thc act of Assembly. nothing further was
done or attempted hy either of them
ON the lst day of july, 1851 when said
respondent term of Office 20, treasurer
of loudom county and j. ". Foster,
term az Commonwealth attorney bad
expired. j. b. McCabe. the new ommOn-
wcalths attorney fo. said county, app
preached respondent and asked 90 look
at the list of said partic, who had
rendered coupons IN payment of taXc-.
Respondent Showed 10 to MIN, and hc
l-aid McCabcl ASKED permission 90 take
10 o. bis Office. Respondent allowed him
To- do So, not being advised for what
purpose he was inspecting said list; and
said respondent say. further than this
hc has no knowledge Of or pariici-
patton in the suits which he has
heard have been instituted. lie
never authorized nor coun-ellcI the
bringing of said suits ON the contrary,
be has strictly obcycd and regarded The
restraining order of the court in This
cause Aforesaid.
Mr McCahes answer Is couched in a
somewhat similar cXcu.at0ry strain. We
quote again. he bad no legal or Off
cial mark the words tgH or oficiHl
knowledge that there was pending such
q suit as James P Cooper and Others
against Morton Marye, Auditor, and 9th
ers He had no legal nor official notice
that amy Injunction had been issued Tee
straining any officer of the Common
wealth from proceeding 90 enforce the
law passed by the General Assembly of
Virginia, approved May l2tb, 1881 lie
had no legal nor official notice that his
predecessor in office, Captain j. " Fos
ter. had been served wit.l the restraining
order, and insists that service on Captain
Foster is not service urOn respondent
Mr. McCabe then goes ON tO plead that
there is I'm the county of LOudOun no
special office for the occupancy Of the
Commonwealth Attorney: j W. FOs-
ter occupied one building, ,pOndcnt oc-
cupied another building Mr. McCabe
winds mp his answer with request that
he may have refunded to him his costs
about his rule so unjustly expended.
We very much fear Mr. McCahc will not
only be- out of pocket by what he has
already expended. but viii have 10 take
another trip TO Richmond in September
again at his own expense, and possibly
he may find himself an occupant of still
another building As it is proved in
the case that Mr. McCabc did actually
know that the injunction bad been grant
ed, although the writ was not served ON
him personally, the latter fact, of which
he would seek to avail himself, will not
save him from Jail unless he dismisses
these suits.
Baseball.
There was a match game Of baseball
Yesterday evening between The Nachinisl
os the Tanner and Delaney Engine Com